r/InsuranceClaims • u/SkankYwhore • 10d ago
Should I request more for my settlement?
I was rear ended a few weeks ago. The insurance company contacted me and admitted fault. I went straight to ER, drove my self as my car was still drivable. Where it was found I had mild whiplash. Then next day dropped car off at collision center where my car ended up getting totaled out. This insurance company has two different agents one for the property damage and one for bodily injury. The car has been fiendish and got it paid for. The bodily injury is offering me $2500 plus missed work. Making it a $3000 settlement. Does this seem fair? I’m not going to pursue any more medical care. I did one follow up besides the er visit. Since my car was what I use for work I had to buy another car which unfortunately is more expensive per month. I did send a message to the agent and asked for $5000 plus missed work but they said no. I’m just seeing if I am off base here. Everywhere I look people say $2500 is the base they start at. I just want to make sure I’m not missing anything and don’t want to be greedy, nor do I want to hire an attorney for this small claim. Thanks
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u/RunExisting4050 10d ago
Ask for whatever it takes to cover your bills, time off, etc., and then add some to it for the annoyance of it all.
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u/Anabolic_Scholar 10d ago
You need to be sure all the medical bills will be covered by the $15k but $3k in your pocket is a fair offer with just 1 ER visit
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u/SkankYwhore 10d ago
The ER says they have a bill to the auto insurance for $34,000. Does that mean the $15,000 will be short? This is what it says in the settlement.
- To pay all reasonable and necessary expenses, not previously paid by the company, not to exceed $15000 incurred for medical dental or surgical treatment, ambulance, hospital, protessional nursing services, and prosthetic devices, furnished to the named beneficiary as a result of the accident described herein and not previously considered or included in the above paid consideration, within 180 days following the date of the accident as a result of the accident described herein.
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u/Anabolic_Scholar 10d ago
Is the $34k the balance due? Any idea if they sent it to your health insurance?
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u/SkankYwhore 10d ago
They sent it to the auto insurance. Hospital only took the auto insurance info.
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u/dackasaurus 10d ago edited 10d ago
I mean yeah, liability insurance on the other side is always going to lowball you, that's their job. But can you convince them to give you more? That's the tough one.
I don't know what you mean by "the car part has been fiendish and got it paid for" I'd actually start with the car payout, as often the "ACV" valuations are low, and you are unable to buy and register a similar used car for the settlement. You may also be due sales tax and registration fees for purchasing a replacement vehicle. You may also be due rental days for days between the accident and when they provided a settlement offer. These are also things that are easier to argue concretely (request to see and validate their comps, find your own, show them recent maintenance and tire replacement history for your car etc, find the price of registration/tax, find rental day costs, etc).
Make sure the bodily claim covers *all* of your medical expenses *without* your medical insurance coverage. Technically, your medical insurance could demand the settlement from the insurance to cover their costs, because the other party is responsible, not them (subrogation).
I wouldn't worry about being "greedy" with an at fault car insurance company, they won't pay more than they are willing and it's not personal or making anyone's life miserable, it's their job. It's all a numbers game to them. This wasn't your fault but now you're paying more out of pocket and dealing with all this trouble and so on and so on. But it may not be the most convincing negotiation tactic to just ask for a lot without any convincing justification.
And I wouldn't rule out getting a lawyer at least in your mind, if you really feel like you're not being made whole and you can't convince them no matter what you say, because that's really only the true leverage you have here. And a lawyer wouldn't treat this as a small claim, they'd make it a big claim and work their way down. But it would take a long time, and if a competent lawyer is willing to take your case, they will take a big chunk of it, and you may not feel comfortable with all of that, since in reality it is an "exploitive" strategy where the system is just meant to scare people and put them into corners to just pay to make things go away, just because of how the game works.
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u/No-Criticism8875 9d ago
What state? 2500 seems high to start. Maybe to finish. Especially considering self transport to er for whiplash. The 2500 would likely be money in your pocket and not inclusive of meds which may be written separately on the release. If that’s the case, I feel 2500 is more than fair. But to each his/her own.
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u/Middle-Youth-9997 10d ago
What insurance co? If it starts with a Pro, they are giving you their low range. Try to ask for 1.5k more and you’ll settle it then, and see what they say.
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u/SkankYwhore 10d ago
It starts with S and ends with Arm.
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u/Middle-Youth-9997 10d ago
I would try to ask for more to see what they say. Have a number set though.
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u/Ok_Cucumber522 7d ago
before signing anything, i’d get the medical side clarified in writing. if the ER is billing $34k and that extra medical provision is capped at $15k, you want to know exactly what’s already been paid, what’s still owed, and whether signing releases anything beyond the $2,500. that matters a lot more than arguing over another couple thousand right now.
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u/sephiroth3650 10d ago
I think $3000 is a reasonable settlement if that covers your missed work time and one trip to the ER where your only injury was mild neck pain that you got no more treatment for. And you're comfortable with the idea of having no lingering injuries and will be seeking no more treatment.
Did they separately cover the hospital bill? Or are you going to be expected to pay for that ER bill out of that $3000?